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Elsegood v Cambridge Spring Service Ltd., 2011 ONCA

Discussion: The employee was found by the court to be terminated after 35 weeks of the layoff period had concluded. The employee successfully sued for six months notice of termination as a result of t...

Wood v. Enbridge Gas Distribution Inc., 2011 ONSC

Discussion: This case deals primarily with the distinction between an employee and an independent contractor. Although the parties in this case intended to structure their relationship so that the app...

Contractors need to specify payments for incomplete tasks

When drafting a work related contract, ensure that payment due for the completion of the task, as well as payment due for partial completion of the task is included and specify the degree of completio...

Blog Bite: Are arbitration clauses in employment agreements enforceable?

This article posted on our partner site Mondaq.com explores the enforceability of mandatory arbitration clauses in employment agreements. Citing Morrison v. Ericsson Canada Inc, the author cautions ...

Legal Tips & Tricks: Negotiating an Agreement should Start with a Blank Page

When entering into an important contract, take the time to discuss with your business partners, advisors and legal counsel, to make sure that you are clear about your opportunities and risks.  In thi...

Blog Bite: No Intention to Repudiate Employment Agreement Found in the Dismissal of Former Employee

An Ontario decision recently decided that General Motors of Canada Ltd ("GM") did not commit a breach of an employment contract with a former employee. The Court of Appeal stated that the absence of...

Employers Beware: Does Your Employee Owe a Fiduciary Duty Post-Termination?

  A recent Ontario Court of Appeal decision affirmed that employees who play a vital role in a company owe a fiduciary duty to their employer even after termination. In GasTOPS Lt...

Sign This or Lose Your Job! Can My Employer Really Do This?

The Employee’s Perspective Imagine coming to work one day and being told by your employer that you have to sign a contract that changes the terms of your employment (for the worse) or be fired. S...

Survival Gear: Making the Confidentiality Clause a ‘Survivor’ of the Employment Contract

The Jungle For most of us, the toughest ‘jungle’ we will have to learn to survive in is the world of employment. Most of us will not win a $1 million prize by being crowned the Sole Survivor on...

Paying with Shares: The Employee’s Perspective

Introduction What makes a stock option plan or agreement attractive to an employee? The short answer is - the opportunity to make money!   There are three basic ways for an employee to m...

Paying With Shares: The Employer’s Perspective

Introduction Your startup is thriving but you still have more goodwill than cash, and you need to retain your talent. You can’t afford to raise their pay - what can you do? Many c...

Piece by Piece – 5 Legal Considerations for Startups

Introduction Every startup needs a name, a location, a business structure, financing and at least one employee (or self-employed entrepreneur!). Each need involves different legal considerations. H...

Non-competition Clauses: Is 5 Years Too Long to Promise not to Compete?

  Employment Contracts Non-competition clauses are often found in employment and consulting contracts. Generally speaking, these clauses have to be as narrow as possible, covering only ...

Canada’s Anti-Spam Legislation: What You Need to Know

Canada’s anti-spam legislation (CASL) came into effect July 1, 2014, becoming one of the toughest laws of its kind in the world. CASL applies to everyone - individuals, incorporated and unincorporat...

Employee Stock Ownership Plan Characteristics

If you’re trying to decide between compensation strategies, “cash is king”.  However, for both early stage companies where cash may not be readily available, and also to later stage companies i...

Proceed with Caution when Using a Zero-Hour Contract

In the United Kingdom, 'zero-hour' contracts seem to be popular among the youth due to the lack of job availability for the youth. In such zero-hour contracts, an employer does not have to guarantee w...

Going From an Owner to an Employee in the Sale of a Business

In the sale of a business, sometimes the previous owners (the “ex-owner”) are asked by the purchasers to stay with the company for a fixed time period to help transition existing clients or custom...

Employment Agreements Cannot Be Changed Unilaterally

An employer in the United Kingdom repeatedly tried contacting an employee while such employee was on leave, with no avail. The employer was then informed by their human resources department that this ...

Probationary Periods in Employment Agreements

Probationary periods are often valuable for employers who would like to review the suitability of an employee in the early stages of their employment. However, there are certain misconceptions about p...

Why Every New Employee should be Asked to Sign an NDA!

A non-disclosure agreement (NDA) should be drafted to protect the employer in the case of an employee leaving, especially if they handle confidential information in their job role. This is relevant...

Blog Bite: Why will an employer never include a non-competition in an independent contractor contract?

This article posted on our partner site Mondaq.com outlines that if an employer attempts to hire someone as an independent contractor instead of an employee for benefits such as Obama care and minim...

Blog Bite: Does the non-exclusive nature of a consulting agreement affect the amount of damages a claimant can receive for early termination?

This article posted on our partner site Mondaq.com denotes the significance of an Ontario Superior Court decision in which the court held that the non-exclusive nature of a consulting agreement dise...

Blog Bite: Can a physician employment agreement be terminated without cause and litigation?

This article posted on our partner site Mondaq.com states that physician employment agreements that are terminated without cause are more likely to be upheld if the contract has explicit language th...

Blog Bite: What are some practice pointers that businesses should remember when executing an Employee Intellectual Property Assignment Agreement?

  This article posted on our partner site Mondaq.com provides practice pointers for employers executing Employee Intellectual Property Assignment Agreements. The author uses a US Federal ...
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